Comments on: Ask the taxgirl: Divorced Parents and Tax Credits

By: Bobbi

Bobbi — Fri, 27 Jan 2012 09:57:45 +0000

I have been divorced for a year now and I have 3 children , In the decree it says he has can claim my oldest all the time and I get the other 2children , I did my taxes this year and I put down my oldest but adv I was not going to claim him but he does live with me full time and that they do not see their father ever . I recieved a call from my ex and he says he was unable to claim our oldest on his taxes due to someone already claiming him , I looked on my paper work and I recieved a care credit . Can I do that or am I wrong?

By: Cathy

Cathy — Fri, 19 Aug 2011 05:11:10 +0000

State divorce court does not determine exemptions. They may say they do, but the IRS does not recognize them. The IRS court determines exemptions. Go to IRS Pub 501. The tax custodial parent is the parent that the child spends the great number of nights during the year. If one parent pays all of the expenses, but the child has more nights with the other parent, the only way that paying parent can take the child is fi the living with parent figns the Form 8332. If both parent claim the child, the IRS will grant the exemption to the living with parent. It doesn’t make a difference what the divorce court says without that Form 8332 being signed.

By: Maria

Maria — Tue, 28 Jun 2011 02:30:49 +0000

Ex and I have been divorced since 2009. In the divorce decree, we agreed on a 50/50 custody with me claiming our son on my income tax from that year onward. Recently, he told me he will be claiming our son on his income tax. To avoid, further legal fees, I suggested, we’ll alternate years. He said no. He said that he will be claiming our son from now on. He has used our son to qualify for social services. Since I’ve gone back to work, I have medical & dental insurance for our son. Aside from a pair of shoes he bought 2 years ago, he has not bought any other piece of clothing for our son since. Can he claim our son without my agreement? What if I claim our son too next year, what will IRS do?

By: Teresa

Teresa — Mon, 18 Apr 2011 11:12:01 +0000

My ex husband paid no (zero) child support in 2010 and neither of our children spent any time with him during the year. Our divoce decree (pre 2008) allows him to take the exemption for one of our children and is not dependent on him paying child support. He is asking that I sign form 8332 but says he can take the exemption regardless if he attaches a copy of the divorce decree. This totally seems unfair as he has no contact nor pays any support for the children. I’ve asked him to sign form 8332 to ensure I get the deduction but evidently it doesn’t work in the reverse. What recourse do I have if any?

By: Amy

Amy — Thu, 03 Feb 2011 00:32:09 +0000

Another similar question to Scott’s. My boyfriend and ex-wife have 2 children. They alternate each year having the one child they claim as a dependent for an extra night that year as their divorce decree stipulates they have the kids 50/50 but for tax purposes have worked out an arrangement for an extra night alternating each year. His ex wife who has a higher income claims HOH, the child care expenses but not EIC, as her income is too high. My boyfriend claims the EIC for the child he has for the extra night, but can he also claim HOH for that child? Could he also claim the EIC for both children since his ex wife can’t? I assume the answer is “No” since the soc security number for that child will already be listed on her tax return for HOH and to claim HOH, the child has to live with that parent for more than 50% of the time. Appreciate any assistance with this most difficult situation.

By: Kristine

Kristine — Tue, 15 Jun 2010 20:39:55 +0000

My husband has 3 kids from a previous marriage, they have been divorced for 6 years now and my husband pays child support every month. We have the kids every other weekend from friday to Sunday night. Childcare is included in his child support order. My questions are if they go back to court can a judge order them to alternate claiming them every other year or is it based on a percentage of the time he has them? And even though he pays child support does he have to split other things like school clothes, cell phones?

By: Dannielle

Dannielle — Tue, 02 Mar 2010 17:49:19 +0000

Hi I have a quick question. My ex and I are supposed to split the daycare cost 50/50 per our divorce agreement. I am supposed to pay for the care in full and he is supposed to reimburse me his half within 1 week of my payment. However, he generally just pays a little here and there when ever he feels like it, often not meeting his 50% requirement. I am the custodial parent so I claim the children’s childcare expenses. Am I allowed to claim the full childcare bill since I pay the full amount up front and am reimbursed partially later? Or am I only allowed to claim my 50% even thought I don’t know when or if he will pay back his half?

Thanks
~D

By: Demi

Demi — Sun, 07 Feb 2010 19:13:59 +0000

Im not a lawyer but if I had to chose I would say both. Meaning, I would file head of household and claim them because if the IRS comes back to you all you would have to do is provide them with proof that the kids reside with you all year long. Whether it be school records, medical and etc. But in the mean time I would also go ahead and have it modified through the courts. That way you have legal documents and it makes it easier. Always dot your i’s and cross your t’s.

By: Aemmae

Aemmae — Mon, 11 Jan 2010 15:10:34 +0000

This is a tad complicated. As of November 2006 (when the divorce happened) my husband’s ex wife has legal full custody of their two children stated in the divorce papers, however, the children have lived with us from May 2008 because she became unstable. It is not legalized that the children are with us full time, and in the divorce papers it says that one parent claims one child and the other claims one child. At the time of divorce, the children were with the mother and my husband was paying child support. Last year we let her claim one child, pretty much out of pity, at this time we support the children 100%. She contributes less than 1%. Is it possible to say that because we provide more than total support for both children we can claim both. Or do we HAVE to do what it says in the divorce papers?

By: Vicki

Vicki — Thu, 18 Jun 2009 15:12:01 +0000

son’s ex is living with someone, not working, she wants to claim one child as tax deduction on her “fellas” taxes. Can she do this?